RESOLUTION OF THE STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of December 1, 2021 No. 30

About change of the resolution of the State committee on property of the Republic of Belarus of March 24, 2015 No. 11

Based on the paragraph of the eleventh of article 12 of the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it", subitem 5.1 of Item 5 of the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958, the State committee on property of the Republic of Belarus DECIDES:

1. Bring in the resolution of the State committee on property of the Republic of Belarus of March 24, 2015 No. 11 "About approval of the Instruction about the bases of appointment and procedure for technical inventory count of real estate, and also verification of characteristics of real estate when making registration actions" the following changes:

state preamble in the following edition:

"Based on the paragraph of the eleventh of article 12 of the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it", subitem 5.1 of Item 5 of the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958, the State committee on property of the Republic of Belarus DECIDES:";

in Item 1:

"enclosed" to exclude the word;

add Item with the word "(is applied)";

in the Instruction about the bases of appointment and procedure for technical inventory count of real estate, and also the verification of characteristics of real estate when making registration actions approved by this resolution:

state Item 1 in the following edition:

"1. This Instruction establishes the bases of appointment and procedure for technical inventory count of real estate, and also verification of characteristics of real estate when making registration actions.";

in Item 2:

the paragraph one to state in the following edition:

"2. For the purposes of this Instruction terms and their determinations in the values established by the Housing code of the Republic of Belarus, the Code of the Republic of Belarus about the earth, the Law of the Republic of Belarus "About state registration of real estate, the rights to it and transactions with it", the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature" and also the following terms and their determinations are used:";

state subitems 2.3 and 2.4 in the following edition:

"2.3. mezzanine - the platform indoors intended for increase in its area, and also placement of auxiliary, storage and other facilities;

2.4. balcony - the protected and (or) glazed outside platform, half and more (area) supporting limits of the outside walls of capital structure adjoining on it (buildings, constructions) and opened in external space from two or three parties, or the protected platform acting from the wall plane serving for placement of places in halls for the audience in theaters and sports constructions;";

state subitem 2.6 in the following edition:

"2.6. the sheet of technical characteristics - the resulting technical document constituted by results of technical inventory count or verification of characteristics of real estate, containing the description of actual state, the information about the structure, the area and other characteristics, the address (location) and other data on the real estate unit built with violation of the law and (or) not accepted in operation in the procedure established by the legislation, and also constituted in other cases established by this Instruction;";

exclude subitem 2.10;

state subitem 2.12 in the following edition:

"2.12. gallery - the elevated or land, fully or partially closed horizontal or inclined extended construction connecting rooms of buildings or constructions, intended for laying of engineering and technological communications, and also for pass of people or the upper tier of the auditorium;";

subitems 2. 2.20 and 2.21 after the words "cellar" and "cellar" to add 13, respectively with words ", buried" and ", cellars";

state subitem 2.18 in the following edition:

"2.18. the building - the construction object consisting (as required) of land and underground parts with rooms for accommodation and (or) activities of people, placement of production, storage of products, content of animal and other purposes;";

in subitem 2.27 of the word "and steps" shall be replaced with words ", steps and ramp";

state subitem 2.32 in the following edition:

"2.32. the landing - the platform between ladder flights, and also the part of floor adjoining ladder march;";

state subitem 2.37 in the following edition:

"2.37. the loggia - blocked, protected and (or) the glazed outside platform, more than half (areas) concluded within the outside walls of the building adjoining on it and opened in external space on the one hand;";

state subitem 2.41 in the following edition:

"2.41. niche - local deepening in wall, including on part of its height;";

state subitem 2.44 in the following edition:

"2.44. the main structure - capital structure (the building, construction), for construction and which servicing the parcel of land is provided, to destination, solidities of structure (the building, construction) and to architectural signs being predominating on the parcel of land;";

from subitem 2.47 the second and third offers to exclude;

from subitem 2.48 the second offer to exclude;

state subitem 2.49 in the following edition:

"2.49. cellar - the separate construction or the cold camera located under capital structure (the building, construction) fully or partially buried to the earth and intended for storage;";

"pipelines and" to add subitem 2.55 after words with the word "(or)";

add Item with subitem 2.55-1 of the following content:

"2.55-1. the draft of the Section, merge of capital structures (buildings, constructions), the isolated rooms, parking places, exarticulation of the isolated rooms, parking places from capital structure (the building, construction) (further if other is not provided, - the draft of the Section, merge, exarticulation) - the technical document constituted by the republican or territorial organization for state registration of real estate, the rights to it and transactions with it (further, if is not provided other, - the organizations for state registration) by results of technical inventory count or verification of characteristics containing the text description of characteristics and graphical display of capital structure (the building, construction), the isolated rooms, the parking places which are subject to the Section or merge, capital structure from which the isolated rooms are isolated, the parking place (further if other is not provided, - initial capital structure, the isolated room, the parking place), and also capital structures (buildings, constructions), the isolated rooms, parking places created as a result of the Section, merge, or the isolated rooms, parking places created as a result of exarticulation and other data according to this Instruction;";

from subitems 2.61 and 2.67 the second offer to exclude;

from subitem 2.68 the second and third offers to exclude;

state subitem 2.69 in the following edition:

"2.69. the platform - the room through passage in case of entrance to capital structure (the building, construction), staircase or other rooms intended for protection against penetration of cold air, smoke and smells;";

state subitem 2.71 in the following edition:

"2.71. terrace - the open outside area adjoining capital structure (the building, construction), placed above the ground, as a rule, in the level of half of the first floor or over the below-located floor, or on roof;";

in subitem 2.72 the word "document" shall be replaced with words "the resulting technical document";

add Item with subitems 2.72-1 and 2.72-2 of the following content:

"2.72-1. technical attic - the technical floor located in the upper part of the building;

2.72-2. technical underground - the technical floor located in the level of marks of the basement, socle or ground elevated store;";

from subitems 2.73 and 2.74 the second offer to exclude;

state subitem 2.76 in the following edition:

"2.76. economic construction - capital structure (the building, construction) which in relation to the main structure is of secondary importance on the parcel of land and is accessory of the main structure (sheds, baths, garages (individual use), canopies, domestic constructions and other similar constructions);";

from subitem 2.78 the second and third offers to exclude;

add Item with subitems 2.78-1 and 2.78-2 of the following content:

"2.78-1. attic warm - attic in which the heater is located within roof design over attic at the same time the air which is quitting buildings the ventilating system and openly passing through attic space is used as additional source of heat for heating of upper floor during the cold period of year;

2.78-2. attic cold - attic in which the heater over upper floor is located within its overlapping;";

state subitem 2.80 in the following edition:

"2.80. bay window - the part of the room leaving the facade plane, in parts or in full glazed, improving it illumination and insolation;";

add Item with subitem 2.80-1 of the following content:

"2.80-1. the floor - the part of the building limited on height to floor and overlapping or floor and covering;";

from subitem 2.85 the second offer to exclude;

state subitem 2.87 in the following edition:

"2.87. floor construction - the construction system consisting from bearing, protecting or combined (bearing and protecting) the designs forming land (as required and underground) the closed amount (floor) to which number sewer pumping points, gas distribution stations and to that similar constructions belong;";

in Item 3:

word part one in paragraph one "the republican or territorial organization for state registration of real estate, the rights to it and transactions with it (further if other is not provided, - the organizations for state registration)" shall be replaced with words "the organization for state registration";

in word part three "the real estate unit or its part, the housing and operational organization performing servicing of the apartment house" and "citizens builders" to replace respectively with words "premises, the organization performing operation of housing stock and (or) providing housing and communal services" and "builders";

in item 4:

in part one:

to exclude from paragraph two of the word "Republic of Belarus";

word in paragraph five to "the permission for construction of object" shall be replaced with words to "the decision on permission of construction";

third to exclude part;

to exclude from paragraph two of Item 5 of the word "Republic of Belarus";

add Item 7 with part of the following content:

"If after carrying out technical inventory count or the previous verification of characteristics of capital structure (the building, construction), the isolated room, parking places there passed more than one year, then before the conclusion of the contract for designing of the Section, merge, exarticulation shall be performed characteristics of such capital structure (the building, construction), the isolated room, the parking place.";

the second Item 8 to state part in the following edition:

"Concerning the real estate units formed as a result of the Section or merge of capital structures (buildings, constructions), the isolated rooms, parking places, exarticulation of the isolated rooms, parking places from capital structure (the building, construction), technical inventory count or characteristics are performed in the amount necessary for forming of inventory case and creation of technical data sheet or the sheet of technical characteristics on such object.";

in Item 10:

to state paragraph two of part one in the following edition:

"the information about the customer (surname, own name, middle name (if that is available), the residence of the citizen; full name, registration number and date of state registration of the legal entity or individual entrepreneur, accounting number of the payer - the legal entity or the individual entrepreneur, the location of the legal entity or the residence of the individual entrepreneur);";

in paragraph four of part two of the word "about absence" shall be replaced with words "about availability or absence";

add Item with parts of the following content:

"The works order shall contain information that the subsequent modification of documents of the register of characteristics in connection with change of characteristics of the real estate unit, including after change of data on internal finishing of rooms, is performed only in case of the conducting verification of characteristics of the real estate unit according to the procedure established by this Instruction, except as specified changes of data on the name, year (date) of acceptance for operation, cost, the address (location) of the real estate unit.

Powers on receipt of the resulting technical document by the other person can be reflected in the works order.";

in Item 11:

"the candidate for owners" to add part one after words with words ", the employer of premises";

the fourth to state part in the following edition:

"The customer guarantees reliability of the data specified in the order.";

in Item 12:

to exclude from paragraph one of the word "together with the works order";

the fourth after the word "documents" to add the paragraph with the word of "(data)";

in Item 13 part one:

to exclude from paragraph one of the word "in case of submission of the works order";

word in paragraph three "Council of Ministers of the Republic of Belarus" shall be replaced with words "The regulations on procedure for development, approval and approval of town-planning projects, the project documentation approved by the resolution of Council of Ministers of the Republic of Belarus of October 8, 2008 No. 1476";

the paragraph the fifth after words of "purpose of real estate units" to add with words ", established in appendix to the resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of July 5, 2004 No. 33 (further - single classification of purpose of real estate units),";

the ninth to exclude the paragraph;

" if created (formed, changed) as a result of construction (repair, reconstruction, restoration) object is put into operation before carrying out its technical inventory count or verification of characteristics," to exclude from the paragraph of the fourteenth word;

add part with paragraphs of the following content:

"the decision of general meeting of participants of joint household on reduction of the extent of common property of joint household - in case of inclusion of part of common property of joint household in structure of the isolated room, the parking place;

the certificate on the right to inheritance or the certificate on the property right to garden lodge or the garage acquired by spouses during marriage, issued according to the resolution of the Ministry of Justice of the Republic of Belarus and the State committee on property of the Republic of Belarus of December 29, 2010 to No. 129/80 "About some questions of confirmation of the property right to garden lodges, garages";

the reference of executive committee confirming entering into the pokhozyaystvenny book of rural (settlement) executive committee till May 8, 2003 of data on the one-apartment, blocked apartment house with economic and other constructions or without them, the apartment in the blocked apartment house exploited till May 8, 2003;

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